INTER - AMERICAN COMMISSION ON HUMAN RIGHTS
COMISION INTERAMERICANA DE DERECHOS HUMANOS
COMISSÃO INTERAMERICANA DE DIREITOS HUMANOS
COMMISSION INTERAMÉRICAINE DES DROITS DE L'HOMME

ORGANIZACIÓN DE LOS ESTADOS AMERICANOS
WASHINGTON, D.C. 2 0 0 0 6 EEUU

June 10 2012
Ref.:

Case No. 11.845
Jeremías Osorio Rivera y otros
Perú

Mr. Secretary:
I am pleased to address you on behalf of the Inter-American Commission on Human Rights in
order to file Case No. 11.845, Jeremías Osorio Rivera et al v. the Republic of Peru (hereinafter “the
State”, “the Peruvian State” or “Peru”) before the jurisdiction of the Inter-American Court of Human
Rights. The case refers to the forced disappearance of Jeremías Osorio Rivera, who was detained by a
Peruvian Army patrol on April 28, 1991, in the province of Cajatambo, department of Lima, without his
whereabouts having been determined and without the persons responsible having been sanctioned to
date. Mr. Osorio Rivera was detained by members of the Counter-Subversive Base of Cajatambo in a
context of armed conflict, in which forced disappearance was used systematically by members of the
State’s security forces. The IACHR also concluded that Jeremías Osorio Rivera was the target of
deliberate acts of torture during his transfer by Army personnel on April 30, 1991 and that those
members of the military concealed the information on the victim’s real whereabouts and then released
false information.
Although the victim’s family members lodged a complaint against the commander of the patrol
that detained him, Juan Carlos Tello Delgado, and participated actively in the criminal proceedings
instituted as of May 1991, the case was referred to the military jurisdiction and dismissed in February
1996. After the restoration of democracy and the repeal of the Amnesty Laws that impeded an
investigation into the crimes committed by agents of the Peruvian State in the context of the so-called
“struggle against terrorism,” the investigations into the disappearance of Jeremías Osorio were
reopened and are currently before the Supreme Court of Justice. The Commission concluded that more
than 20 years after the victim’s forced disappearance and with the entire truth of the incident still not
known, the domestic criminal proceedings have not offered an effective resource for determining the
fate of the victim or for ensuring the rights of access to justice and to the truth through the investigation
and punishment of those responsible.

Mr.
Pablo Saavedra Alessandri, Secretary
Inter-American Court of Human Rights
P.O. Box 6906-1000
San José, Costa Rica
Enclosure

The State ratified the American Convention on Human Rights on July 12, 1978, and accepted
the contentious jurisdiction of the Court on January 21, 1981. In that regard, the facts debated in the

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